§ 1255.030. — 1255.030. (Amended by Stats. 2001, Ch. 428, Sec. 6.)

California § 1255.030.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 7.
• Part 3.: TITLE 7. EMINENT DOMAIN LAW
• Ch. 6.: CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment
• Art. 1.: ARTICLE 1. Deposit of Probable Compensation

Text

(a)
At any time after a deposit has been made pursuant to this article, the court shall, upon motion of the plaintiff or of any party having an interest in the property for which the deposit was made, determine or redetermine whether the amount deposited is the probable amount of compensation that will be awarded in the proceeding. The motion shall be supported with detail sufficient to indicate clearly the basis for the motion, including, but not limited to, the following information to the extent relevant to the motion:
(1)
The date of valuation, highest and best use, and applicable zoning of the property.
(2)
The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the motion.
(3)
The compensation for the property and for damages to the remainder separately stated, and the calculations and a narrative explanation supporting the compensation, including any offsetting benefits.
(b)
If the plaintiff has not taken possession of the property and the court determines that the probable amount of compensation exceeds the amount deposited, the court may order the plaintiff to increase the deposit or may deny the plaintiff possession of the property until the amount deposited has been increased to the amount specified in the
order.
(c)
If the plaintiff has taken possession of the property and the court determines that the probable amount of compensation exceeds the amount deposited, the court shall order the amount deposited to be increased to the amount determined to be the probable amount of compensation. If the amount on deposit is not increased accordingly within 30 days from the date of the court’s order, or any longer time as the court may have allowed at the time of making the order, the defendant may serve on the plaintiff a notice of election to treat that failure as an abandonment of the proceeding. If the plaintiff does not cure its failure within 10 days after receipt of such notice, the court shall, upon motion of the defendant, enter judgment dismissing the proceeding and awarding the defendant his or her litigation expenses and damages as provided in Sections 1268.610 and 1268.620.
(d)
After any amount deposited pursuant to this article has been withdrawn by a defendant, the court may not determine or redetermine the probable amount of compensation to be less than the total amount already withdrawn. Nothing in this subdivision precludes the court from making a determination or redetermination that probable compensation is greater than the amount withdrawn.
(e)
If the court determines that the amount deposited exceeds the probable amount of compensation, it may permit the plaintiff to withdraw the excess not already withdrawn by the defendant.
(f)
The plaintiff may at any time increase the amount deposited without making a motion under this section. In that case, notice of the increase shall be served as provided in subdivision (a) of Section 1255.020.

Legislative History

Amended by Stats. 2001, Ch. 428, Sec. 6. Effective January 1, 2002.